Mystaphy said:
Im glad someone else find something wrong with this case too. I wish I had someone else too look after my son but i dont have anybody all my family is out of state. My lawyer put in my pleading that this case should be dismissed the hearing is sometime next month. I do feel a little bit better dealing with it now rather than dealing with it when i return from home just to get it out of the way. I did establish a custody order from the day my son was born but domestic relations said because he was not living with me while I am deployed I had to close the case. DR said that she could open a case against him(well the person who has guardianship of my child). I dont have a job at the moment I am a senior in college I have 30 credits to go. I did ask my lawyer about suing her for the cost of this suit but he said I wouldn't win. Im supposed to be back around march next year.
PLEASE, contact JAG and get this straightened out. Please see your other thread on the military forum, bad apple is a military attorney, his first response to you there was based on less information than here, it is really easier to keep one thread going.
Contact Domestic Relations in PA, your deployment or who the father is living with has nothing to do with his responsibility for child support unless you took some action to terminate parental rights. Handling this remotely even with representation is difficult, are you sure your attorney is familiar with SSCRA?
You should only be responsible for 1/2 the child support and the father responsible for the other half, same for uncovered medical bills. But if there is no child support order in place you send what you send, do you have an allotment sent?
Please understand that since the biodad has no custody rights or orders, the child does not have to remain in the same state so you could have another guardian in your family plan and you may want to make arrangements to change the guardian to someone in your family, SSCRA allows for your residency and that of your dependents to remain stable no matter where you are located and you have several options including your permenant residence if it is out of state. Both the civilian attorneys don't seem to have a grasp on the implications and protections of SSCRA and therefore are continuing as if there was no protection under SSCRA. This should be dismissed and you should get all your legal costs paid because there was no reason to bring the suit in the first place.
Please go to JAG.